A new year will bring in a series of new hiring rules for employers. Starting January 1, 2026, companies with over 25 employees will be required to meet new employment rules when posting public job ads.
Recruitment agencies in Toronto and across the province are working with employers to ensure they comply with the new rules now, to ease the transition. For employers, it’s important to get ready now and adjust your hiring practices.
What we’ll cover:
- What is the new legislation for job posting?
- What are the new rules for job postings?
- What are the new rules for AI screening job candidates?
- What are the new rules for pay transparency?
What is the new legislation for job posting?
As of January 1, 2026, employers in Ontario with 25 or more employees who publicly post job ads will be required to meet new employment rules
New legislation is specifically outlined in the Working for Workers Four Act, 2024 (Bill 149) and changes to the Employment Standards Act, 2000 (ESA). There are three key areas employers need to pay attention to: job posting, AI screening, and pay transparency.
Failure to comply with these new rules could result in reviews from the Ministry of Labour and potential fines levied.
What are the new rules for job postings?
The new rules for job postings apply to employers with 25 or more employees at the time a job is publicly posted. Job postings must now follow several transparency and compliance rules, including:
1. Pay and compensation requirements
Every public job posting must show the actual pay or a defined salary/wage range. If a range is provided, the gap between the lowest and highest amount cannot exceed $50,000, unless the position pays $200,000 or more, in which case the limit does not apply.
2. Removal of Canadian experience requirements
Employers can no longer ask for “Canadian work experience” in job ads or application forms. International experience must be treated the same as experience gained in Canada.
3. Clarifying vacancy status
Every posting must indicate whether the role is for a current opening or a future/anticipated vacancy.
4. Follow-up obligations after job interviews
Employers must notify interviewed candidates of the hiring decision within 45 days of the candidate’s final interview.
5. Record keeping requirements
Copies of all publicly advertised job postings, related application forms, and communications given to applicants must be kept for at least three years after the posting is taken down.
6. Postings exempt from these rules
There are three exemptions from these new rules. They are internal job ads limited to existing staff, general recruitment campaigns not tied to a specific role, and positions located outside of Ontario.
What are the new rules for AI screening of job candidates?
Many companies already use AI in their recruiting process. Under the new rules, employers must clearly state if AI technology is used at any point in the hiring process. Postings must include explicit wording such as:
“This employer uses artificial intelligence technology to assist in screening, assessing, or selecting applicants for this position.”
The legislation defines AI broadly, covering any system that generates predictions, recommendations, or decisions that influence hiring outcomes. This includes tools such as:
- Resume-screening algorithms
- Applicant-tracking system filters
- Video interview scoring tools
- Automated ranking or shortlist programs
What are the new rules for pay transparency?
Starting January 1, 2026, mandatory salary disclosure is required in job postings for employers with 25+ employees. You must list a specific salary/wage, or a salary/wage range that meets legislative guidelines.
The difference between the minimum and maximum of any posted salary range cannot exceed $50,000, unless the role pays $200,000 or more, in which case the employer may use a wider range.
There is also certain information employers must provide to new hires. Before an employee’s first day, employers must provide details such as:
- Starting wage or commission structure
- Pay period and pay day
- Work location
- Initial work schedule or hours
A final word about new job postings and pay transparency rules
As Ontario prepares to implement these new employment rules on January 1, 2026, employers with 25 or more employees must take proactive steps to ensure compliance. These changes are designed to promote transparency, fairness, and accountability in hiring. Staying informed and working with recruitment experts will help organizations navigate the transition smoothly and maintain a competitive edge in attracting top talent.
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